Article 47p. 47

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

CHAPTER

X

Development

of

Mining

Communities,

Science

and

Mining

Technology

Section 57

Expenditure for Community Development and Science

and Mining Technology

A contractor shall assist in the development of its mining

community, the promotion of the general welfare of its

inhabitants, and the development of science and mining

technology.

Section 58

Credited Activities

Activities that may be credited as expenditures for

development of mining communities, and science and

mining technology are the following:

a. Any activity or expenditure intended to enhance the

development

of

the

mining

and

neighboring

communities of a mining operation other than those

required or provided for under existing laws, or collective

bargaining agreements, and the like; and

b. Any activity or expenditure directed towards the

development of geosciences and mining technology

such as, but not limited to, institutional and manpower

development,

and

basic

and

applied

researches.

Appropriate supervision and control mechanisms shall

be prescribed in the implementing rules and regulations

of this Act.

Section 59

Training and Development

A contractor shall maintain an effective program of

manpower training and development throughout the

term of the mineral agreement and shall encourage and

train Filipinos to participate in all aspects of the mining

operations,

including

the

management

thereof. For

highly-technical and specialized mining operations, the

contractor may, subject to the necessary government

clearances, employ qualified foreigners.

Section 60

Use of Indigenous Goods, Services and Technologies

A contractor shall give preference to the use of local

goods, services and scientific and technical resources in

the mining operations, where the same are of equivalent

quality, and are available on equivalent terms as their

imported counterparts.

Section 61

Donations/Turn Over of Facilities

Prior to cessation of mining operations occasioned by

abandonment or withdrawal of operations, on public

lands by the contractor, the latter shall have a period of

one (1) year therefrom within which to remove his

improvements; otherwise, all the social infrastructure

and facilities shall be turned over or donated tax-free to

the proper government authorities, national or local, to

ensure

that

said

infrastructure

and

facilities

are

continuously maintained and utilized by the host and

neighboring communities.

Section 62

Employment of Filipinos

A contractor shall give preference to Filipino citizens in

all types of mining employment within the country

insofar as such citizens are qualified to perform the

corresponding

work

with

reasonable

efficiency and

without hazard to the safety of the operations. The

contractor, however, shall not be hindered from hiring

employees of his own selection, subject to the provisions

of Commonwealth Act No. 613, as amended, for technical

and specialized work which, in his judgment and with

the approval of the Director, requires highly-specialized

training or long experience in exploration, development

or utilization of mineral resources: Provided, That in no

case shall each employment exceed five (5) years or the

payback period as represented in original project study,

whichever

is

longer:

Provided,

further,

That

each

foreigner employed as mine manager, vice-president for

operations or in an equivalent managerial position in

charge of mining, milling, quarrying or drilling operation

shall:

a.

Present

evidence

of

his

qualification

and

work

experience; or

b.

Shall

pass the appropriate government licensure

examination; or

c. In special cases, may be permitted to work by the

Director for a period not exceeding one (1) year: Provided,

however, That if reciprocal privileges are extended to

Filipino nationals in the country of domicile, the Director

may grant waivers or exemptions.

CHAPTER

XI

Safety

and

Environmental

Protection

Section 63

Mines Safety and Environmental Protection

All contractors and permittees shall strictly comply with

all the mines safety rules and regulations as may be

promulgated by the Secretary concerning the safe and

sanitary upkeep of the mining operations and achieve

waste-free and efficient mine development. Personnel

of the Department involved in the implementation of

mines

safety,

health

and

environmental

rules

and

regulations shall be covered under Republic Act No.

7305.

Section 64

Mine Labor

No person under sixteen (16) years of age shall be

employed in any phase of mining operations and no

person

under

eighteen

(18)

years

of

age

shall

be

employed underground in a mine.

Section 65

Mine Supervision

All mining and quarrying operations that employ more

than fifty (50) workers shall have at least one (1) licensed

mining engineer with at least five (5) years of experience

in mining operations, and one (1) registered foreman.

Section 66

Mine Inspection

The regional director shall have exclusive jurisdiction

over the safety inspection of all installations, surface or

underground, in mining operations at reasonable hours

of the day or night and as much as possible in a manner

that will not impede or obstruct work in progress of a

contractor or permittee.

Section 67

Power to Issue Orders

The mines regional director shall, in consultation with

the Environmental Management Bureau, forthwith or

within such time as specified in his order, require the

contractor

to

remedy

any

practice

connected with

© 2018 Compiled by RGL

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